Setback for Rahul as Surat court rejects plea for stay

The court of Additional Sessions Judge observed that his counsel failed to demonstrate that an “irreversible and irrevocable damage” is likely to be caused to him if he is denied the opportunity to contest election under section 8(3) of the Representation of the People Act, 1951 on account of his conviction not being stayed

Surat: A court in Gujarat’s Surat city on Thursday rejected Congress leader Rahul Gandhi’s application for a stay on his conviction in a criminal defamation case over his “Modi surname” remark.

The court of Additional Sessions Judge R P Mogera rejected Gandhi’s plea for stay on conviction which, if allowed, could have paved the way for his reinstatement as the Member of Parliament (MP).

While the Bharatiya Janata Party (BJP) hailed the Surat court’s decision as a “victory” of the judiciary and the people, Congress said it will continue to avail all options still available under the law.

Gandhi’s lawyer Kirit Panwala said the sessions court’s order will be challenged in Gujarat High Court. He also said the sessions court has set May 20 as the date to begin hearing on his appeal against the lower court’s March 23 order.

On April 3, Gandhi’s lawyer filed two applications along with his main appeal against the lower court’s order sentencing him to two years in jail, one for bail and another for stay on conviction pending his appeal.

While dismissing Gandhi’s application, the court said his counsel failed to demonstrate that an "irreversible and irrevocable damage" is likely to be caused to him if he is denied the opportunity to contest election under section 8(3) of the Representation of the People Act, 1951 on account of his conviction not being stayed.

A metropolitan magistrate court here on March 23 sentenced Gandhi to two years in jail after convicting him under sections 499 and 500 of the Indian Penal Code for criminal defamation in the case filed by BJP MLA Purnesh Modi.

A day later, 52-year-old Gandhi, who was elected as the Lok Sabha member from Wayanad in Kerala in 2019, was disqualified under provisions of the Representation of the People Act. While granting him bail on April 3, the court had issued notices to complainant Purnesh Modi as well as the state government for hearing on the Congress leader’s plea for a stay on his conviction.

After hearing both the sides, the court on April 13 reserved its order on Gandhi's plea for stay on conviction which was rejected on Thursday.

Gandhi’s lawyer Panwala said the Congress leader will continue to remain out on bail till the disposal of his main appeal as per the court’s April 3 order. Purnesh Modi's lawyer Harshil Tolia said the court considered all aspects before rejecting Gandhi's plea.

The case was registered against Gandhi following the BJP MLA's complaint over his remarks, “How come all thieves have Modi as the common surname?” made during an election rally at Kolar in Karnataka on April 13, 2019.

"The court has taken into consideration all the legal and factual points while delivering its order. It considered arguments of both the sides and held that our client Purnesh Modi, who belongs to the Modi community, is competent to file a criminal defamation case on Gandhi's remark," Tolia said.

In its order, the court said the power accorded under section 389 (1) of the CrPC to suspend/stay the conviction is required to be exercised "with caution and circumspection" as observed by the Supreme Court in a number of pronouncements.